These general terms apply to products and services supplied by Net and Tel Business Solutions. A signed agreement, accepted quotation, statement of work, service-level agreement or purchase order may contain additional terms. If there is a conflict, the more specific written agreement prevails.
1. Quotations and orders
Quotations are valid for the period stated and may depend on exchange rates, distributor pricing, stock and vendor availability. An order becomes binding when accepted by us in writing, when a quotation is accepted, or when delivery begins at your request. Changes must be agreed in writing and may affect price and timing.
2. Prices, VAT and payment
Prices are in South African rand unless stated otherwise and exclude VAT unless expressly included. Payment is due on the date or within the period shown on the quotation or invoice. Prepaid licences, subscriptions, cloud services and connectivity must be paid before activation or renewal. We may charge lawful interest and reasonable collection costs on overdue amounts.
3. Delivery and client responsibilities
Dates are estimates unless expressly guaranteed. You must provide safe access, accurate information, authorised contacts, suitable facilities, power, connectivity, approvals, credentials and timely decisions. Delays or extra work caused by unavailable access, inaccurate information, unsafe conditions, third parties or scope changes may be charged separately.
4. Hardware, software and third-party services
Hardware and software are subject to manufacturer, distributor and licensor warranties, licence terms, return rules and end-of-life policies. Opened, activated, customised or specially ordered items may not be cancellable or refundable except where law requires. Vendor price, product, feature, availability and service changes are outside our reasonable control.
5. Managed and support services
Support hours, response targets, inclusions and exclusions are those in the applicable service schedule or SLA. Response time is not necessarily resolution time. Planned maintenance, client-caused faults, unsupported systems, force majeure and failures of third-party networks or platforms may be excluded from service levels. Remote access will be used only as authorised and reasonably necessary.
6. Security, backups and acceptable use
Both parties must maintain reasonable security and protect credentials. Unless expressly included, the client remains responsible for user administration, lawful use, data classification, backups and recovery testing. No cybersecurity measure can guarantee prevention of every incident. Services may not be used unlawfully, abusively, to infringe rights, distribute malware or compromise systems.
7. Confidentiality and personal information
Each party must protect confidential information and use it only for the relationship. We process personal information in accordance with POPIA, our Privacy Policy and applicable operator obligations. A separate data-processing agreement may be concluded where required.
8. Intellectual property
Each party retains pre-existing intellectual property. On full payment, the client receives the rights expressly granted in the applicable agreement. Third-party software remains subject to its licence. Reusable tools, methods, know-how, templates and general components developed independently or used across projects remain ours unless agreed otherwise.
9. Suspension and termination
We may suspend affected services on reasonable notice for material non-payment, unlawful use, security risk or material breach, and may act immediately where necessary to protect systems or comply with law. Either party may terminate as provided in the specific agreement or, for a material breach, after written notice and a reasonable opportunity to remedy where capable of remedy. Accrued charges remain payable.
10. Warranties and liability
We will perform services with reasonable care and skill. To the extent permitted by law, implied warranties are excluded where a written warranty applies. Neither party is liable for indirect, special or consequential loss, lost profits or lost data except where exclusion is prohibited. Any agreed limitation does not apply to fraud, wilful misconduct, gross negligence or liability that cannot lawfully be limited. Consumer rights under applicable law remain unaffected.
11. Force majeure and disputes
Neither party is liable for delay caused by events beyond reasonable control, provided reasonable mitigation is attempted. The parties should first escalate disputes to senior representatives and attempt good-faith resolution. South African law governs these terms and South African courts have jurisdiction, unless the specific agreement provides another lawful process.
12. General
Notices must be sent to the contact details in the relevant agreement. No waiver is effective unless clear and specific. Invalid provisions are severed without affecting the rest. Neither party may assign material obligations without consent, except as part of a lawful business transfer or where the agreement allows it. Updates apply prospectively and do not override an existing signed agreement without lawful notice or agreement.